Praxair's New Twist On Subject Matter Ineligibility

By Paul Zagar (July 17, 2018, 1:07 PM EDT) -- In an appeal from an inter partes review decision, the Federal Circuit ratified the Patent Trial and Appeal Board's novel use of the printed matter doctrine as part of claim construction, rather than in its obviousness analysis, in Praxair Distribution Inc. v. Mallinckrodt Hospital Products IP Ltd.(May 16, 2018). This article addresses Praxair's application of the printed matter doctrine in claim construction and implications for future cases.[1]

The claims at issue in U.S. Patent No. 8,841,112 were directed to methods for providing nitric oxide to certain neonatal patients. The board interpreted providing information, evaluating, and recommending claim terms to be mental...

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